An inquiry by the Australian Supreme Court has proposed new powers to officers at immigration centers, granting them right to resort to violence, should they find it necessary, according to a former Victoria supreme court judge.

Following a Senate hearing of an amendment to the new migration
bill Stephen Charles SC, who was the Victoria court of appeal
judge until 2006, told the Guardian on Thursday that it would
“inevitably encourage violence by guards against asylum
seekers” by considerably expand their powers.

The new powers, applying to immigration officers, would let them
use “reasonable force against any person” to maintain
order and security, which in fact could lead to “beating
asylum seekers to death.” The immunity from civil and
criminal liability will include private contractors – people, who
are less trained than police officers.

“Time and again police in the United States have been
acquitted in circumstances such as these,” Charles said.
“These amendments to the Migration Act will in effect
authorize guards to beat asylum seekers to death on the basis
they reasonably believe it is necessary … to do so.”

Australia keeps its asylum seekers at the Nauru refugee detention
center, and human rights violations including rape and physical
abuse have been going on since November 2013. Reports of harsh
conditions at the center, consisting of two fenced-off tent camps
with up to 1,200 detainees, have been recently passed to the
Australian government.

Legal action against human rights violators in immigration
centers could only be possible if it is proven that a guard was
“in bad faith,” which is quite difficult to demonstrate.

The President of the Australian Human Rights Commission Gillian
Triggs said: “Senior courts have ... explained the very high
threshold that you must prove to demonstrate bad faith. It’s very
hard to show a subjective intent of bad faith of a serving
officer acting in the course of their employment.”

On Wednesday, Wickham Point Detention Centre in Darwin saw
unrest, with 20 inmates reportedly harming themselves in order to
avoid transfer to Nauru Island. Police responded to the rioting,
though authorities denied any major “mayhem”.

This February, Australians held candle light vigils to
commemorate Iranian man Reza Barati, 23, who was beaten to death
while being held at the Manus Island detention center in Papua
New Guinea. He was allegedly killed by the staff during three
days of attacks by locals and rioting he was not involved in.

Following the rise in violence at the Australian detention
centers, the UN Special Rapporteur on Torture, Juan Mendez,
examined Australia’s asylum seeker policies. He reported various
violations of the convention against torture and other cruel,
inhuman or degrading treatment or punishment, signed 30 years ago
at the UN Human Rights Council.

“The
Government always assures the Australian people that it complies
with its international human rights obligations. But here we have
the United Nations once again, in very clear terms , telling the
Government that Australia’s asylum seeker policies are in breach
of international law,” said Human Rights Law Centre Director
of Legal Advocacy, Daniel Webb in a press release.